Labor Wage Settlement between Gateway Distripark Limited and Shivtej Kamgar Sanghtana, Thesis of Law

Download Labor Wage Settlement between Gateway Distripark Limited and Shivtej Kamgar Sanghtana and more Thesis Law in PDF only on Docsity! MEMORANDUM OF SETTLEMENT UNDER SECTION 12 (3) READ WITH UNDER SECTION 18 (3) OF THE INDUSTRIAL DISPUTES ACT, 1947 AND THE RULS 62 OF INDUSTRIAL DISPUTES (BOMBAY) RULES 1957 BETWEEN M/S. PEARL FREIGHT SERVICES PVT.LTD. B-106, Great Eastern Summit, Sector -15, CBD Belapur, Navi- Mumbai - 400614 Worksite at M/s. Gateway Distripark Limited, Container Freight Station, Dronagiri, Sector -6, Navghar, Taluka: - Uran, Navi Mumbai AND SHIVTEJ KAMGAR SANGHTANA B-9, Milan Shopping Centre, Uran, Taluka: - Uran, District: - Raigad 400702. Page 1 of 16 MEMORANDUM OF SETTLEMENT UNDER SECTION 12 (3) READ WITH UNDER SECTION 18 (3) OF THE INDUSTRIAL DISPUTES ACT, 1947 AND THE RULS 62 OF INDUSTRIAL DISPUTES (BOMBAY) RULES 1957 NAME OF THE PARTIES REPRESENTING THE EMPLOYER: M/S. PEARL FREIGHT SERVICES PVT.LTD. B-106, Great Eastern Summit, Sector -15, CBD Belapur, Navi- Mumbai – 400614. 1. SHRI. JAMSHAID ASHRAF (CHAIRMAN) REPRESENTING THE WORKMEN: SHIVTEJ KAMGAR SANGHTANA B-9, Milan Shopping Centre, Uran, Taluka:-Uran, District: - Raigad-400702. 1. SHRI. MANOHAR BHOIR, (PRESEDENT) 2. SHRI. MAHENDRA SAWANT (GENERAL SECRETARY) 3. SHRI. VIJAY BHOIR (ADVISOR) Page 2 of 16 Washing Allowance 3,535/- 150 150 Total 33,597/- 1,000 1,000 The Wage escalation break-up shown the in the “Annexure-A” for the above mentioned period, which is the part of this settlement. 3. Dearness ALLOWANCE An amount of Rs, 3,898/- shall be paid for the period of May 2021 to April 2024 as a fixed dearness allowance per month instead of special allowance. As fixed by the State Government (Minimum Wages Act, 1948,) if employer is paying wages to workers which is equal or higher than minimum wages including VDA than, they are not required to pay VDA separately. 4. ARREAR WAGES a) It is hereby agreed by and between the parties that, each of the coverable workmen covered under this settlement shall be paid, at the rate of Rs. 5400/- per month (Rupees Five Thousand Four Hundred Only) effective from 1st May 2021 and the said amount will be paid within Two months (60 days) after signing of the settlement. The figures shall be calculated with pro-rata basis for all categories of workmen. b) It is hereby agreed by and between the parties that, each of the coverable workmen covered under this settlement shall be paid arrears within two months signing of the settlement only after the biometric is executed. 5. NEW RECRUITMENT/REPLACEMENT It is hereby agreed by and between the parties that, in case of replacement of the job, the same salary of existing workman will be given to the replaced new workman. The said recruitment/replacement will be done in consultation/ authorization of the union within 8 days. Page 5 of 16 6. PRODUCTIVITY ASSURANCE a) It is hereby agreed by and between the parties, that one gang consisting of 10 workmen shall perform the duties of Stuffing and De-stuffing minimum of 3 TEUs (20feet) containers in the first shift and 4 TEUs (20feet) containers in 2nd shift. b) It is hereby agreed by and between the parties, that when additional volume of work exists, the workmen shall co-operate in completing the extra load for Stuffing & de- stuffing. c) It is hereby agreed by and between the parties, that the workmen shall be paid the following rates for extra work of additional Stuffing & De-stuffing. i) Rs. 1100/- (One Thousand Only) per TEUS for 4th & 5th in 1st Shift, then after Rs. 1200/- for next TEUS. ii) Rs. 1100/- (One Thousand Only) per TEUS for 5th & 6th in 2nd shift, then after Rs. 1200/- for next TEUS. d) Incentive will be applicable only after all the gangs in that particular shift have completed their quota. e) It is further agreed between the parties that cargo carted by local workmen has to be stuffed back by local workmen irrespective of the nature of cargo and also local workmen will stuff/de stuff any cargo below 50 kg. local workmen will have to work for the cargo handled by forklift for import and export both. Refusal or non compliance, management has right to initiate suitable disciplinary actions (which may include nonpayment of salary for the particular day for the concerned gang). Local workmen will not refuse following types of job. 1) Task assignment for daily stuffing & carting will be made by Gangs in rotation. 2) Stuffing to be container stuffing will take priority over carting. 3) Stuffing to be undertaken as per following. i) Cargo below 50 Kg. will be handled. Page 6 of 16 ii) Consolidator’s cargo of different lots but stored within the reserved space will be stuffed. iii) Container on chassis or on ground will be stuffed. 4) Varai charges for carting will be as per consented rates only. 5) For import destuffed delivery, Container will be positioned one high or on ground depending upon nature of cargo for easy of handling. 6) During idling period, labours will not play cards within CFS premises. 7) LEAVE FACILITY a) Privilege Leave: It is agreed between the parties that, all the coverable workmen shall be entitled to 21(twenty one) days privilege leave in a calendar year, which can be accumulated up to 42(forty two) days. It is further agreed that unconsumed privilege leave till 31st December will be permitted to be encashed by the workmen during March of subsequent year. This leave can be availed by coverable workmen by information in writing to management as 7 days in advance. b) Casual Leave: It is agreed between the parties that, all the coverable workmen shall be entitled to 5 days casual leave in a calendar year commencing from the month of January every year and said leave are non-accumulated and non-encashable. c) Sick Leave: It is agreed between the parties that, all the coverable workmen shall be entitled to 5 days Sick leave in a calendar year commencing from the month of January every year and said leave are non-accumulated and non-encashable. d) National and Festival Holidays: Page 7 of 16 to the Union as donation by drawing a cheque in favour of “SHIVTEJ KAMGAR SANGHTANA”. 18). RETIREMENT AGE It is hereby agreed by and between the parties, the coverable workmen will be retired after completion of 60 (Sixty) years on the day of month of the respective year. 19). DEATH DURING THE TENURE OF EMPLOYMENT SCHEME It is hereby agreed by and between the parties that, in case of death of any workman during the tenure of his employment, all the workmen will contribute their one day salary/wages and the same amount will be contributed by the company. This shall be paid to the legal heirs of the deceased workman. In case of any dispute the joint decision of the Union and Management shall be final. 20). BONUS AND EX-GRATIA It is hereby agreed by and between the parties that, due to recessation business is running in a bad manner and day by day profit is minimize and bonus always depend upon profit of the business even then company shall be paid bonus as per existing practice will be continue without any change during the period of this settlement. It is further agreed that, the company shall be paid Ex-gratia Rs. 1000/- (One Thousand only) for every year. This rise is over and above existing Ex-gratia. This payment will be made about ten days before Diwali festival. 21). EXISTING FACILITIES It is hereby agreed by and between the parties that, all the existing facilities/ practices, which are specifically not mentioned in this settlement, will continue without any change during the period of this settlement. Page 10 of 16 22). GENERAL a) It is hereby agreed by and between the parties that, the settlement is applicable all workmen employed in the establishment at worksite M/s. Gateway Distripark Limited, Container Freight Station, Dronagiri, Sector 6, Navghar, Taluka- Uran, Navi Mumbai- 400702 and are on the roll of the company on the name of signing the settlement, eligible workmen will be require to sign a individual declaration as per settlement attached here to “Annexure B” b) It is hereby agreed by and between the parties that, the arrears payable to the workmen as a result of this settlement which will be paid before the conclusion of two month from signing of such settlement. c) It is hereby agreed by and between the parties that, since workmen are a party to the settlement by signing the same as per “Annexure B” they shall respect the same entire tenure of this settlement. d) It is hereby agreed by and between the parties that, the Union agrees to extend support to the management in enforcement of discipline, timely reporting, good performance and elimination of malpractice of any nature on the part of the workmen and disciplinary action shall be initiated against such workmen as per law. e) It is hereby agreed by and between the parties that, allocation of work/ duty at the worksite M/s. Gateway Distripark Limited, Container Freight Station, Dronagiri Sector- 6, Navghar, Taluka- Uran, Navi Mumbai-400702 will be the prerogative of the Management and that workmen will not resist the same or create any problems in this respect. f) It is hereby agreed by and between the parties that, all the Demands mentioned in the Charter of Demands, which are not specifically covered in this settlement, shall be Page 11 of 16 considered as not pressed or dropped and treated as settled and this settlement is a package deal. The Union accordingly, agreed that , the workmen shall not individually and/or collectively or through any other Union or agency raise any demands/disputes involving additional financial burden on the employer or there wise during the pendency of this settlement. g) It is hereby agreed by and between the parties that, productive norms ad followed by other Container freight Station around JNPT shall be maintained. However, the employer may introduce new norms from time to time depending upon the circumstances. If and when so required, the Union and the coverable workmen shall whole-heartedly co-operate with the employer in this regard. Further in the interest of efficiency of the services, the employer will implement new productive terms, work practices and procedural changes, after discussion & understanding with the Union. h) It is hereby agreed by and between the parties that, for change of shift on a mutual basis or otherwise, prior permission of employer shall be obtained. I) Ii is hereby agreed by and between the parties that, all the coverable workmen shall follow constitutional means for resolving their disputes and here shall be no recourses to any direct action, such as illegal strikes including sit-down strike) Gherao, Go-slow, work to rule, refusal to change of shift, intimidation or coercion of any form with representatives of clients or management, during the pendency of this settlement. J) It is hereby agreed by and between the parties that, the representatives of the Union shall extend Whole-hearted support and co-operation to the employer in discouraging the following things:- i) Unauthorized absenteeism. ii) Incidence of reporting for work (and /or while on duty) under the influence of liquor and other intoxicants like Gutkha, Tobacco, etc. iii) Leaving the premises, Extortion, Sleeping while on duty. Page 12 of 16 (UNIT COMMITTEE MEMBER) 13. MAHESH J PATIL (UNIT COMMITTEE MEMBER) GANG NO 07 14. PRAKASH K MHATRE (UNIT COMMITTEE MEMBER) GANG NO 08 15. JAYANTA PATIL (UNIT COMMITTEE MEMBER) GANG NO 09 16. KALPESH J JOSHI (UNIT COMMITTEE MEMBER) GANG NO 11 17. KASHINATH BHOIR (UNIT COMMITTEE MEMBER) GANG NO 12 18. SHASHIKANT M BANDA (UNIT COMMITTEE MEMBER) GANG NO 13 19. ANIL M PATIL (UNIT COMMITTEE MEMBER) GANG NO 14 20. RAJAN PATIL (UNIT COMMITTEE MEMBER) GANG NO 17 21. JITENDRA PATIL (UNIT COMMITTEE MEMBER) GANG NO 21 22. ROHIT BHOIR (UNIT COMMITTEE MEMBER) GANG NO 22 Page 15 of 16 Page 16 of 16